Mumbai: The Security Department of the US Homeland (DHS) has officially resigned the final rules ‘H-1B’, which was issued on January 8, 2021.
This rule is trying to prioritize the process of selecting VISA H-1B to the application offering the highest wage level in the category Work and geographical territory respectively.
At present, the H-1B visa is given based on a random selection process known as the lottery.
Post Swearing-in, President Joe Biden has announced that his government will postpone the proposed changes to the H-1B hat selection system until December 31, 2021.
In other words, if the rules post the examination received by Biden administration, it will take effect for the Visa election season The upcoming H-1B, for the fiscal year starting October 1, 2022.
The immigration lawyer believes that this rule will have a disaster impact on small businesses, start-ups, non-profits, rural businesses, and other industries that rely on very skilled foreign workers, but who cannot afford to compensate workers at the highest wage level.
Even new qualified international students will find it difficult to get into US labor under the H-1B visa route.
Meanwhile, as reported by TII before, on September 15, the US District Court (North District California) emptied this rule.
The Plaintiff is led by the US Chamber of Commerce.
Formal withdrawals by DHS follow this court order.
However, the US Department of Labor intends to advance with a proposal to raise the wage rates that apply to H-1B and Green card holders.
This is different from connecting wages with H-1B allotment.
The winter agenda has placed the target date for the draft proposal as March 2022.
It takes several months before the proposal is completed and the transition phase tends to be available.